Hospitals & Health Systems

Quarles & Brady’s experienced health law team can help with the entire range of health law questions faced every day by hospitals and health care systems, from the routine to the complex. Furthermore, the depth and breadth at Quarles & Brady gives our health care institution clients access to expertise in the full range of legal issues they face, including labor and employment, intellectual property, real estate, tax-exempt organizations, immigration, and insurance regulation. The firm is positioned to assist hospitals and health systems with all of the issues associated with running a hospital, and few of our peers of any size match our varied experience and resources.

We work daily with the Stark Physician Self-Referral Law, Anti-Kickback Statute, False Claims Act, and other fraud and abuse laws. Our first mission is to keep our hospital clients compliant on the front end, but when compliance issues arise, we can assist clients with internal compliance investigations, enforcement actions by the government, and whistle-blower suits, as well as voluntary reporting and repayments to the government.

The firm is nationally recognized for its expertise in health information technology and electronic medical records issues, including meaningful use requirements. Quarles & Brady attorneys advise clients on compliance with the HIPAA Privacy and Security Rules, as amended by the HITECH Act. We have created and helped to implement HIPAA privacy and security programs for numerous clients, and we have developed a library of HIPAA policies and procedures, as well as a “toolkit” of necessary forms and agreements to address all aspects of HIPAA compliance.

We have also assisted numerous clients with managing security breaches and inadvertent disclosures of confidential information, including protected health information. Our help in managing the breach includes analyzing the scope of the disclosure, developing strategies to mitigate, notifying affected individuals, preparing media statements, and responding to inquiries from government agencies.

We have worked with large and small health systems to structure their medical staff bylaws and related documents in a strategic and user-friendly way that fosters collaborative relationships and provides clear processes for peer review and corrective action. We also have a wealth of knowledge in the licensing and accreditation processes for hospitals with state agencies, Medicare, Medicaid, and The Joint Commission. We have helped our hospital clients through every form of survey and have assisted in drafting and managing plans of correction when necessary. We are well-connected at the relevant state and federal agencies and can facilitate applications and resolve investigations efficiently.

We have a national practice in the pharmaceutical industry at the wholesale, distributor, and retail levels (including hospital and hospital-owned or -affiliated pharmacies). We also have a national DEA practice that services a wide range of clients, including our hospitals and health care systems.

We routinely help our hospital clients with the day-to-day challenges of managing patient care and safety, as well as dealing with unfortunate outcomes or incidents. We understand that health care is a 24/7 industry, and we are always available to answer the questions that arise every day, including those around patient consent and refusal issues, end-of-life care, drug use or other crimes on hospital premises, disruptive patients and family members, and many other care-related issues.